View
216
Download
0
Category
Preview:
Citation preview
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
1/53
CARICOM
CARICOM
Intellectual Property Rightsand the
Cultural Industries in CARICOM
Dr. Hilary Brown
CARICOM Secretariat
World Intellectual Property Day
Guyana
26 April 2010
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
2/53
CARICOM
CARICOM Presentation Outline
The Creative Economy and the Value ofCultural Industries
Global Trends in the Development ofCultural Industries
Caribbean Cultural Industries International and Regional Context for the
Development of Cultural Industries Regional Task Force on Cultural Industries National and Regional Initiatives in IP CARIFORUM-EU Economic Partnership
Agreement Conclusions
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
3/53
CARICOM
CARICOM The Creative Economy
Creative, Digital, Knowledge Economy Creativity is a powerful engine of economic
growth & wealth creation
Profound impact on trade and development
Foster income generation, job creation &export earnings as well as social cohesion,cultural diversity, human development
Creative content is driving the new
technologies & sales (30 - 50%) incomputers, internet, iPods, cell phones,ecommerce (IFPI Music & Internet, 2006)
Cultural and creative industries at the core
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
4/53
CARICOM
CARICOMDefining the Cultural &Creative Industries
The term creative or cultural industriesrefers to the production, distributionand consumption of
copyrightable, identity-related &
aesthetic
goods, services, and intellectualproperty embodied in film, television,
books, music, theatre, dance, visualarts, works of mas, fashion,multimedia, animation etc. (CRNMStudy, 2006)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
5/53
CARICOM
CARICOMDefining the Cultural &Creative Industries
Cycles of creation, production anddistribution of goods and services thatuse creativity and intellectual capitalas primary inputs.
They comprise a set of knowledge-based activities that produce tangiblegoods and intangible intellectual or
artistic services with creative content,economic value and marketobjectives
(UNCTAD 2008)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
6/53
CARICOM
CARICOM Typology of Creative Industries
CreativeCore
Interdependent CI
Partial Copyright Industries
Music Book publishing Audio-visual Festivals Performing arts Visual arts Copyright
collective mgt
Music instrumentsand equipment Music & videoplayers, blankrecording material
Fashion designJewelry designCostume productionAdvertisingArchitecture
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
7/53
CARICOMCARICOM
Income Streams in theCreative Industries
Books
CDsDVDsPaintingsMusicinstrumentsGarments &
jewelryCraft
GOODS SERVICES
Liveperformances
Design servicesAudio & audio-visual productionservicesManagementand technical
support services
INTELLECTUAL
PROPERTYRIGHTS
Royalty income
Licensing feesCollectiveadministrationDigital rightsmanagement
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
8/53
CARICOMCARICOM
Synergies between theCreative Economy & Other Sectors
CREATIVE INDUSTRIES
CREATIVE ECONOMY
CREATIVEARTS
ICTs/
MEDIA
IP
TOURISM
AGRICULTURE
FINANCE
TRADE
EDUCATION
MANUFACTURING
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
9/53
CARICOMCARICOMGlobal Trends and Prospects in the Creative& Cultural Industries
The cultural/creative industries sector is one ofthe fastest growing sectors of the world-economy.
In the period 2000 to 2005 trade in culturalgoods and services grew at an average of 8.7 %per annum (UNCTAD 2004)
The value of world exports of creative goodsand services was US$424.4 billion in 2005,representing 3.4% of world trade (UNCTAD 2008)
Best estimates value the sector at 7 per cent ofthe worlds gross domestic product and forecastare put at 10 per cent growth per annum(UNCTAD 2004)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
10/53
CARICOMCARICOMGlobal Trends and Prospects in the Creative& Cultural Industries
Leading sector in more developed countries: InEurope in 2003, creative industries were valuedat EUROS 654 billion, and were growing 12%faster than overall economy;
USA in 2003: sector contributed 6% of GDP andaccounted for 4.7 million jobs (UNCTAD 2007)
The value of world exports of creative goodsand services was US$424.4 billion in 2005,representing 3.4% of world trade (UNCTAD 2008)
Brazil: creative industries represented 6.7% ofGDP and 5% of employment; Mexico 4.77% ofGDP and 11% employment; Jamaica 5.1% ofGDP and 3% of employment (WIPO, 2006)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
11/53
CARICOMCARICOMGlobal Trends and Prospects in the Creative& Cultural Industries
Presents an opportunity for developingcountries to make quantum leap into new value-added areas
Not currently benefiting from the potential oftheir creative economies despite the richness ofthe cultural expressions, talents and diversity indeveloping countries
Out of 132 developing countries, 85 have neverproduced one commercial film
In 2004, UNCTAD estimated that developingcountries accounted for only 3% of worldmarkets for paintings and approximately 4% forsculptures
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
12/53
CARICOMCARICOM Prospects for Caribbean Creative Industries
The global demand for Caribbean creativeindustries is growing and provides good returns
on investment (literary works, fashion, festivals,
world music)
Growth in the diasporic economy is generatingdemand for domestic & regional content and
provides a bridge to mainstream and
international markets
Emergence of new markets:Electronic communitiesDiasporic exportsIntra-regional marketsSouth-South markets
Cultural/heritage tourism
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
13/53
CARICOMCARICOM Caribbean Festival Tourism:Comparative Economic Impact in 2000TrinidadCarnival
St. LuciaJazz
BarbadosCropover
Visitor
Arrivals
42,646 11,041 3,485
VisitorExp.
(US$m)
17.7 14.8 3.2
Benefit-cost ratio
4.1:1 7:1 2.9:1
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
14/53
CARICOMCARICOMEconomic Contribution of DiasporicCaribbean CarnivalsFESTIVAL ATTENDANCE VISITOR/
AUDIENCE
EXPENDITURE
Notting Hill -London
2 million overtwo days
93 mn.
Labour Day
New York
3.5 million $300 mn.
Caribana
Toronto
1 million Cnd$200 mn.
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
15/53
CARICOMCARICOM Prospects for Caribbean Creative IndustriesThe value of the international music market in2002 was US$40 billion; even 1% for CARICOMwould be US$400 million in revenue
The estimated size of the international market
for reggae is US$60-75 million (Witter, 2002)
Shaggys MCA 2000 Hot Shotsalbum sold inexcess of 10 million copies (@ $14.00 =US$140M; $14M for Shaggy and other domestic
creative contributors )
Other significant successes in Kevin Lyttle,Rihanna, Rupee
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
16/53
CARICOMCARICOM
Top Selling Caribbean Artistsin the US Market
Source: RIAA.com
* The RIAA's certification levels are based on unit shipments (minus returns) from manufacturers to a wide range of
accounts, including non-retail record clubs, mail order houses, specialty stores, units shipped for Internet fulfilment or
direct marketing sales, such as TV-advertised albums.
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
17/53
CARICOMCARICOMNew Focus on Cultural Industries:International ContextMore attention to culture and trade inlight of trade negotiations in WTO and
with the EUShift in development thinking onculture in last 10 years
Culture and sustainable development,cultural diversity and identity contributeto international peace and security
Tremendous economic value of culture
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
18/53
CARICOMCARICOM UNESCO Convention (Oct 2005)UNESCO Convention on the Promotion andProtection of the Diversity of CulturalExpressions
Cultural diversity as necessary for humanrace as bio-diversity in natural realm
Diversity a global public good that deservesprotection & promotion
Right of all persons to create, disseminateand benefit from culture
Dual nature of cultural goods and servicesspecial treatment in trade
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
19/53
CARICOMCARICOM Other International Fora
UNCTAD XI & XII high level panel onCulture; Creative Economy Report (2008)
Culture included as a priority area for SmallIsland Developing States in the MauritiusStrategy for Implementation (2005)
EU Colloquium Culture and Creativity as
Vectors for Development (March 2009)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
20/53
CARICOMCARICOM Regional ContextAdvocacy by artistic community, academicsand administrators
Regional Cultural Committee (20 years)
Erosion of preferential trading arrangements;decline in traditional industries
Many success stories from the Caribbean ininternational markets
Comparative advantage in CI
Indigenous, sustainable & renewableindustries
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
21/53
CARICOMCARICOM Regional ContextNational and regional studies andprojects
7th EDF Regional Culture Project, 1998-2002 (1.8 M Euros)
UNDP, Caribbean Export, IDB, UNESCO,EU funded studies and projects
CRNM commissioned Study, funded
by EU Proinvest Facility - CulturalIndustries in CARICOM: Trade andDevelopment Challenges (2006)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
22/53
CARICOMCARICOMRegional Task Force onCultural Industries
Task Force established in October 2008 (20members from govt, industry and regionalorganizations)
Funded by EU Hub and Spokes Regional
Trade Project and UNESCOPrepare a Regional Development
Strategy and Action Plan
Make recommendations for anappropriate incentives regime and financingmechanism for the cultural industries,
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
23/53
CARICOMCARICOM Regional Task Force MandatePrepare a Regional DevelopmentStrategy and Action Plan
Make recommendations for anappropriate incentives regime andfinancing mechanism for the culturalindustries, including an approach to
providing relief from tariffs and otherduties and charges on products that areinputs to cultural industries
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
24/53
CARICOMCARICOM Regional Task Force Mandate
TF to complete report by August 2010
Conduct consultations
Report to Ministerial Councils ofCARICOM and Heads of Government
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
25/53
CARICOMCARICOMNational and Regional Initiatives in IPManagementRatification of international treatiesCopyright Laws
Article 66 or Revised Treaty ofChaguaramas
Collective Management Organizations
Caribbean Copyright Link
Importance of Intellectual Property Rights
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
26/53
CARICOMCARICOMRatification of International Treaties onIntellectual Property
Berne Convention for the Protection ofLiterary and Artistic Works(1886)
In force in all Member States
Rome Convention for the Protection of
Performers, Producers of Phonograms andBoradcasting Organizations (1961)
In force in Barbados, Dominica, Jamaica andSt. Lucia
The Madrid Agreement (1891) and MadridProtocol (1989) concerning the InternationalRegistration of Trademarks
In force in Cuba (both) and Antigua (Protocol)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
27/53
CARICOMCARICOM Copyright Legislation in CARICOM
Comprehensive Amended Legislationin: Antigua and Barbuda (2003); TheBahamas (2004); Barbados (1998);Belize (2000); Jamaica (1993); St.
Lucia (2005); Trinidad and Tobago(1997)
Some Amendments: Haiti (2005); St.
Vincent and Grenadines (1989);Suriname (1981)
Out dated legislation in: Dominica(1919), Grenada (1919), Guyana
(1966) St. Kitts and Nevis (1919)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
28/53
CARICOMCARICOM Article 66 of Revised Treaty ofChaguaramas
The protection of Intellectual Property (IP) The promotion of IP Rights within the
Community The strengthening of regimes for the
protection of IPRs and the simplification ofregistration procedures in Member States
The establishment of a regionaladministration for IPRs except copyright
Measures to prevent the abuse of IPRs Participation of MS in international regimes
for the protection of IPRs
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
29/53
CARICOMCARICOMIndigenous Collective Management
Organizations in CARICOM
For Music and Related Rights:Copyright Organization of Trinidad andTobago (COTT), 1984
Jamaica Association of Composers,Authors, and Publishers Ltd. (JACAP), 1998
Copyright Society of Composers Authorsand Publishers Inc. (COSCAP), Barbados,
2000Eastern Caribbean Copyright Organisationsfor Music Rights Inc. (ECCO), St. Lucia,2009; replaced Hewanorra Music Society
(2001)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
30/53
CARICOMCARICOMIndigenous Collective Management
Organizations in CARICOM
Stichting Auteursrechten Suriname (SASUR)
Belizean Society of Composers, Authors andPublishers (BSCAP)
Jamaica Music Society (JAMMS) publicperformance and broadcast rights
Jamaica Copyright Licensing Agency(JAMCOPY) Reproduction Rights
Barbados Copyright Agency (BCOPY) -RRO
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
31/53
CARICOMCARICOM Public IP InstitutionsJamaica Intellectual Property Office
Trinidad and Tobago Intellectual PropertyOffice
Barbados Corporate Affairs and IntellectualProperty Office
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
32/53
CARICOMCARICOM Caribbean Copyright Link
Regional umbrella organisation to providedata mgt services to national CMOs andrepresent/promote/defend their interests
regional and international mattersEstablished in 2000 with assistance fromWIPO, requested by IP Ministers
Founding Members: JACAP, COTT,
COSCAP, ECCOOther Members: ACDAM (Cuba), SASUR,BSCAP, JAMMS, JAMCOPY
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
33/53
CARICOMCARICOM Caribbean Copyright LinkNon profit company incorporated in Trinidadand Tobago
Office in Trinidad funded by subscriptionsfrom CCL societies
Combine small catalogues, share commoncosts, increase efficiency, strongernegotiating position, increase remunerationto CCL members
CCL Members represent approx 5,300writers, performers, prducers and publishersof music
Royalty collections increased from US$1.2M
In 1999; $2.3M in 2004; $4M in 2008
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
34/53
CARICOMCARICOM The Importance of IPRsInnovation and creativity are fundamental todevelopment and present in all cultures
The debate about IPRs is how best toformulate, apply and enforce the laws
protecting these rights for the benefit ofmankind, with an equitable balance betweenright holders and users of the IP-protectedproducts and services in ways that do notstymie innovation and creativity
IP is now widely perceived as an importanteconomic asset, the value of which should be
enhanced by proactive and strategic policies
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
35/53
CARICOMCARICOM The Importance of IPRsAn effective IP system is indispensable totechnological and cultural development whichis in turn indispensable to economic growthand social welfare
Progress of Caribbean societies rest on itscapacity for new creations in areas oftechnology and culture
Promotion and protection of creations lead tofurther creativity, economic growth, creation ofnew jobs and industries and enhances thequality and enjoyment of life for the Regions
people
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
36/53
CARICOMCARICOM The CARIFORUM-EC EPANegotiations concluded December 16, 2007;signed by 14 CARIFORUM States Oct 15
2008
Ended the trade regime of preferential market
access of CARIFORUM countries to Europe(Lome and Cotonou)
EPA commits CARIFORUM to open their
markets to European exportsEPA Implementation Unit established in March2009 at the CARICOM/ CARIFORUMSecretariat, Guyana
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
37/53
CARICOMCARICOM Objectives of the EPATo promote regional integration, developmentand sustainable economic growth
To promote the smooth and gradual integration
of ACP economies into the World Economy
To enhance supply capacity, competitivenessand economic growth in CARIFORUM
To ensure full conformity with the WTOprovisions
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
38/53
CARICOMCARICOM Culture and the EPACARIFORUM suppliers of cultural servicesgranted market access in 27 European states
for entertainment services (some limitationsby Germany and Austria)
Governed by the rules of the Services andInvestment chapter and the general provisionsof the EPA
Must be a registered entity and have acontract to supply the service
Temporary stay for a cumulative period of upto 6 months or the duration of the contract
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
39/53
CARICOMCARICOM Trade in Services -Four Modes of SupplyMode of Supply Description Caribbean
exports
Cross-border
supply (I)
Sound engineering or fashiondesign services supplied viaInternet.
Low
Consumption
abroad (II)
Activities like cultural, festival,heritage tourism.
High
Commercial presence(III)
Establishment of a branch,subsidiary to provide services.
Low
Movement of naturalpersons (IV)
Travel abroad by artist orband to provide services, e.g.tour.
High
There are no data on creative services exports outside of
festival and heritage tourism earnings.
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
40/53
CARICOMCARICOM Protocol III on Cultural CooperationA special Protocol on Cultural Cooperation isa part of the EPA
Provisions for non-commercial activities
Builds on the principles of the UNESCOConvention
Aims to promote cultural diversity, heritage,cooperation and the development of cultural
industriesAims to redress the structural imbalances andasymmetrical patterns which may exist in suchexchanges
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
41/53
CARICOMCARICOM Protocol III on Cultural CooperationArticles with provisions for :
Cultural exchanges and dialogue
Technical Assistance
Performing ArtsPublications
Protection of sites and historic
monumentsTemporary movement of artists
Audiovisual productions (film, TV etc)
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
42/53
CARICOMCARICOM Protocol III on Cultural CooperationArtists engaged in visual and performingarts, festival managers, mas performersand designers (carnival)
Temporary stay for up to 90 days in oneyear
For training, exchange of expertise,technology transfer, trade fairs,seminars, co-publishing, policydevelopment, legislation
Promotes public-private partnerships
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
43/53
CARICOMCARICOM Audio Visual CooperationEncourages the signing of co-productionagreements between EU and CARIFORUMstates
Co-produced works qualify as European works
in the EU and as CARIFORUM works wherepreferential schemes for the promotion of localand regional content exist
Subject to ownership and nationalityrequirements and 80/20 ratio in financing bythe Parties
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
44/53
CARICOMCARICOM Audio Visual CooperationJamaica earned US$858M from locationfilming in 2003
Dominica earned US$18M from the filming of
Disneys Pirates of the Caribbean DeadMans Chest over 6 months in 2005
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
45/53
CARICOMCARICOM Issues to be addressedGreat disparity in development betweenculture sectors between the Parties
Financing to support the development of
CARIFORUM culture sectorStrengthening the enabling environmentin policy, legislation, intellectual property,incentives, trade & export facilitation
Visa regimes pose an obstacle
Market access subject to qualification
requirements and economic needs tests
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
46/53
CARICOMCARICOM Issues to be addressedPrivate sector and cultural creators,industry professionals to be enabledto play a stronger role in the
implementation of the EPAthe need to assist the cultural sectorin the CARIFORUM region to build
capacity, increase competitivenessand enhance its export potential.
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
47/53
CARICOMCARICOM Other challengesInadequate policy framework and noincentives regime
Inadequate legislation and
enforcement of intellectual propertylaws (piracy)
Inadequate data economic value
largely undocumentedNot seriously regarded as aneconomic sector
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
48/53
CARICOMCARICOM Other challengesInadequate business supportservices
Difficulties in obtaining financing from
traditional banking sector
Underdeveloped infrastructurevenues, training institutions etc.
Weak marketing and distributionchannels
Key stakeholders need stronger
industr associations
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
49/53
CARICOMCARICOM EPA Possible BenefitsGreater market access in Europe forCARIFORUM cultural goods and services
Creative sector galvanized: new alliances,
regional industry associations, links withorganizations in the Caribbean diaspora inEurope
Platform for cooperation, advocacy, and
professional development
The IP Empowered Society
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
50/53
CARICOMCARICOMThe IP-Empowered Society
(WIPO)
Is one in which there is:
Political will that recognizes the value of IP and theIP system
An IP legislative framework for copyright, patents,
trademarks, geographical indications, industrialdesigns etc.
Vital instititions such as Intellectual PropertyOffices , Cultural & Research institutions; and otherregulatory agencies such as those dealing with
taxation, consumer affairs, collective management,industry associations are established and orsupported
The IP-Empowered Society
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
51/53
CARICOMCARICOMThe IP-Empowered Society
(WIPO)
A culture in which IP is valued and respected,used as a tool for economic growth, and inwhich the private sector recognizes the
value of IP in their business endeavours anventures and
Research and Development in science and
technology and cultural institutions arevalued and adequately funded.
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
52/53
CARICOMCARICOM Paradigm Shift on CultureCulture is our Businessintersectoral approach education,tourism, ICT, finance, trade
Viable and diverse sectors
Spending on culture is not anexpense, it is an investment
Dr. Enrique Iglesias, Former President of theInter- American Development Bank
THANK YOU
8/4/2019 Intellectual Property Rights Cultural Industries Caricom Brown
53/53
CARICOMCARICOM THANK YOU
The National Dance Theatre Company of Jamaica at
Recommended